Motions

LGBTIQ Community

The Hon. J.W. WEATHERILL (Cheltenham—Premier) (15:40): I move:

1. That this house recognises that many lesbian, gay, bisexual, transgender, intersex and queer community members have been discriminated against by South Australia's legislation.

2. We accept that while South Australia has long been a leader in LGBTIQ reform, more must be done.

3. To LGBTIQ community members discriminated against in legislation, we offer you our unreserved and sincere regret and are sorry for those injustices.

The acts that we pass in this parliament serve many purposes. In simple and literal terms, they contain rules—rules outlining what can and cannot be done under law. In a broader sense, the legislation we enact also implicitly reflects South Australia's identity, values and aspirations. The ultimate purpose of these laws should be not just to ensure the smooth running of the state's affairs but to improve people's lives and to give them the capability to fulfil their potential. This, of course, must apply to all citizens.

Where laws reflect and enshrine discrimination, such as through the inclusion or absence of certain words, then parliament has the means and the responsibility to act. The imperative becomes only stronger when such discrimination leads to the cruel and disrespectful treatment of people, often at times of great sadness and suffering. This is exactly what occurred in January this year in the wake of the tragic death in Adelaide of British man David Bulmer-Rizzi who was honeymooning here with his husband, Marco. David's marriage to Marco was not recorded on his death certificate because South Australian law did not recognise their marriage.

This case highlighted the need for a relationships register, and it brought home to the general public the implications of discriminatory language in legislation and administrative procedures. I want to emphasise that this has not been the only case of its kind. For example, a South Australian man, Andrew Birtwistle-Smith, was not allowed to record the word 'married' on the death certificate of his husband, Christopher Birtwistle-Smith. This was despite the fact that he was legally wed in Canada in the mid-2000s and had been married for 11 years before Christopher's passing.

Discrimination can be manifested in other ways, too. Let's look at a few examples, some of which are from correspondence I have received recently as part of the Make Change Happen campaign for legislative reform—a person like Madeleine who says she was told at a counter that she could not change the gender on her driver's licence because, despite how she looks and her having a letter from a doctor, her birth certificate says 'male'. This incident, she says, made her feel 'utterly humiliated and could so easily have been avoided with a change to the law'.

People like Chloe and her partner were told that they could not access fertility treatment in this state because their inability to have children was deemed a lifestyle choice. As Chloe says, this made them feel as though they were not wholly accepted by our government. Intersex people have suffered from feelings of exclusion from society because in part their status is not properly recognised on documents and ID cards. One person wrote to me saying, 'Every time I have to show my ID at a pub or a university, I feel deeply humiliated.' Transgender people continue to be addressed by Mr, Mrs or Ms in letters from telephone or other public utility companies, despite their repeated requests to be called by a title that respects who they are.

When our laws discriminate against a particular group of people, it sends a message that this prejudice written into law justifies treating people differently in our day-to-day lives. Such laws do not affect only the LGBTIQ community, they diminish our society as a whole. They diminish us by saying effectively that there are certain people who deserve to be treated differently, whose relationships are worth less, whose families should not exist, who are not entitled to the same fundamental rights as their neighbour. People who are not members of the LGBTIQ community recognise this injustice too, and many have written to me to express their support for reform, stating that LGBTIQ people face barriers that they do not and that this situation, quite simply, is not fair.

We should be building a safer, fairer future for the next generation of children so they never have to experience the kind of fear and harm that was a reality for people who grew up when homosexuality was a crime, and we should be ensuring that our laws apply equally, regardless of who you fall in love with, who your family is or the gender you live as.

Our state has a long and admirable history of progressive social thinking and legislative reform and some of those advancements have occurred in relation to LGBTIQ South Australians. I was reminded of this on 10 September last year when this chamber marked the 40^th anniversary of the passing of groundbreaking legislation under the leadership of the Hon. Don Dunstan. On that occasion, we acknowledged that in 1975 South Australia became the first jurisdiction in the country to decriminalise homosexual acts between consenting adults.

As I told this chamber last year, that legislation came in at a time when attitudes to homosexuality were still, in many cases, extreme. In the 1950s, 1960s and even 1970s, homosexual men could be sacked from their jobs, kicked out of their homes, disowned by their families and friends and brought before the courts and gaoled for engaging in consensual sex with other men. Such men could also be treated with great brutality and even killed, the drowning of Dr George Duncan in the River Torrens in 1972 being an horrific and high profile example. Many members of the state's wider LGBTIQ community were in the public gallery for the parliamentary debate last year about the 40^th anniversary, and I am delighted that, today, members of the community are once again present to witness and celebrate another milestone.

It is right that we recognise historical achievements but we should always look at what more can be done to address obvious discrimination and bring about tangible, positive change. In line with this contention, the state government released, in May 2014, its strategy for inclusion of lesbian, gay, bisexual, transgender, intersex and queer people. That document states that all South Australians deserve a fair go, that they have a right to feel valued and to have the opportunity to fully take part and prosper in the community. It also identifies a series of priorities for action, all of which we are continuing to pursue, and these are:

social and emotional health and wellbeing;

employment and other opportunities;

awareness and education;

inclusive service delivery; and

engagement with the LGBTIQ communities.

The state government signalled its intention to address discriminatory language in historical laws early last year. Through the mechanism of the Governor's speech to open parliament in February 2015, we outlined various measures to make our democracy more inclusive, and we framed these efforts within the context of a simple and compelling question: how can we fight for a more open economy but simultaneously ignore the need for a more open society? In that speech, the Governor announced that we would invite the South Australian Law Reform Institute to review legislative or regulatory discrimination against individuals and families on the grounds of sexual orientation, gender, gender identity or intersex status.

The institute conducted that review. It identified more than 140 pieces of legislation that discriminate on the grounds of sexual orientation, gender identity and intersex status and it made a series of valuable recommendations. The upshot of the institute's work was that the government introduced a series of bills into the House of Assembly designed to address discrimination in legislation, and I am pleased those bills were passed by the house earlier this month and I very much hope they will soon be passed in another place.

I would like to put on record the nature and effect of these reforms. The Births, Deaths and Marriages Registration (Gender Identity) Amendment Bill makes it easier for South Australians to change the gender they are registered as on their birth certificate, in particular, by removing the need to make an application to a magistrate for adults.

The Relationships Register Bill 2016 allows unmarried heterosexual couples, same-sex couples who are unmarried and same-sex couples who are married overseas to have their relationships legally recognised in South Australia. Changes to the Equal Opportunity Act ensure that intersex status is formally protected from discrimination under the act.

The Statutes Amendment (Surrogacy Eligibility) Bill ensures people can access reproductive treatment if they are unlikely to become pregnant other than through the use of assisted reproductive technology. The bill also amends the Family Relationships Act 1975 to extend access to lawful surrogacy agreements to non-heterosexual couples.

The Statutes Amendment (Gender Identity and Equity) Bill changes the language used in South Australian law to remove gender bias and ensure that gender identities are captured in state legislation. Same-sex couples will now be given the right to adopt a child in South Australia under changes to the Adoption Act, which replaces the definition of 'marriage relationship' with 'qualifying relationship'. This means couples in a marriage-like relationship, irrespective of sex and gender identity, can adopt.

I wish to thank all those in the community who advocated for the passing of the legislation. In your actions and in your arguments, you demonstrated unity, energy, thoughtfulness and compassion. I must say, I look forward to meeting a number of you later as we have an afternoon tea after this debate. As for parliamentarians, I particularly want to thank this chamber, and especially the member for Reynell, the Assistant Minister to the Premier; minister Hunter in the other place; minister Close, the member for Port Adelaide; and the member for Colton for their hard work and dedication, and those opposite who also offered their support for the various reforms.

The bills have both symbolic power and practical import. They have the effort of validating the existence of the LGBTIQ people, including them in the affairs of the state and fully recognising their considerable contribution. The changes provide people with access to services previously restricted or made unavailable to them. Perhaps most importantly of all, they open up opportunities for them to advance in society.

Through the legislation and through the wording of the motion before us, this house is making an historic statement of empathy and support. We are acknowledging that all LGBTIQ people are valued citizens of this state and must be treated with fairness and decency. We are saying in law that difference must no longer translate into discrimination and disadvantage. We are saying that the wrongs of the past must never be repeated but that there is still more work to be done.

Finally, I spoke to a gay man earlier today and asked him what he felt this apology meant to him. He told me that he grew up in a time when homosexuality was unlawful. When he was growing up he could not see a future for himself, and that hurt him. So, to him, and in particular to the young people who are here today—I especially want to address the young people who are not only in the chamber but perhaps listening to this or may find out about these remarks—I want you to know that who you are is okay and that you are a welcome part of the broader South Australian community. Today, as Premier and as a member of parliament, I formally say sorry to all of you who have suffered injustices and indignities simply because of who you are. I commend the motion to the house.

There being a disturbance in the gallery:

The DEPUTY SPEAKER: Order!

Mr MARSHALL (Dunstan—Leader of the Opposition) (15:53): I rise today to support the Premier's motion. It is not always that we can agree about matters before the house, but the Premier and I do so today because this motion is just and it is necessary. While it is a motion dealing with the past, I hope it will help lesbian, gay, bisexual, transgender, intersex and queer members of our community to enjoy a future of inclusion, allowing them to realise all of their dreams and all of their ambitions.

As the Leader of the Opposition, I recognise the past injustices endured by South Australian members of the LGBTIQ community and acknowledge the South Australians who have been discriminated against by our state's legislation. In South Australia, the criminalisation of homosexuality is a sorry chapter which stains the pages of our state's history book. For far too long, members of our LGBTIQ community lived in fear of persecution. Their exclusion and isolation contributed to depression and suicide in numbers none of us can ever begin to know, because the suffering had to be hidden and endured in silence.

Parliaments must protect, not marginalise, their citizens. The criminalisation of homosexuality is a shocking example of legislative discrimination. All South Australians, no matter who they love or who they are, deserve to live free from discrimination and to feel safe, and to feel confident in being able to express their individuality.

As elected members, it is our responsibility to pass legislation that treats all citizens equally. It is inconceivable today to think that up until the 1970s South Australians were being punished for simply being themselves, for letting others know who they really were. We cannot be accountable for the prejudices of our predecessors. Today, they are difficult if not impossible to understand, but we were not there then. We can only act by our own conscience, values and standards. They compel us to right these wrongs.

By passing this motion, we recognise that fear must never be allowed to determine who we are and our place in the world. All societies have dark chapters and, whilst we cannot rewrite history, we can work together to make things better, and we have done this with distinction in South Australia. We have a proud history of social reform and this parliament has often led the nation. We were the first state to allow women to vote, and in fact we were the first place in the world to allow women to stand for parliament. We were the first state to legislate for Aboriginal land rights.

In 1975, we became the first state to decriminalise homosexuality. This was a historic moment not only for South Australia but for the rest of the nation. We blazed a trail which made it easier for other jurisdictions to follow. Often, a single event can convince a community of the need for such reform. This was one such occasion. On the morning of 11 May 1972, South Australians woke to the news that university lecturer Dr George Duncan had been found dead in the River Torrens. Dr Duncan had taken up his University of Adelaide appointment only six weeks earlier, having arrived from England.

As events unfolded, it was revealed that Dr Duncan was a homosexual, and three police officers were implicated in having thrown him into the river in an area known as a 'gay beat'. Ultimately, no-one was convicted of having caused his death, but the community concern could not be quelled. The circumstance of his death confronted the fact that in the community's name the parliament continued to accept a law that fuelled intolerable prejudice, hate and violence, exposing members of the LGBTIQ community to continuing fear, intimidation, isolation and risk of arrest simply for being who they were.

Dr Duncan's death paved the way for major law reform in South Australia. His death became the catalyst for social change and progressive policy, raising public awareness and shining a harsh light on the state's discriminatory laws. The community rallied to bring about change. The press and media, the legal and academic community, members of the public, activists and politicians joined forces to ensure Dr Duncan's death, although not punished, was not in vain.

I am very proud to say it was a Liberal member of parliament who took the initiative. Murray Hill, a legislative councillor for more than 20 years and minister in the Hall and Tonkin governments, made the first serious attempt to secure homosexual law reform in South Australia. Murray introduced a private member's bill to amend the Criminal Law Consolidation Act. The bill decriminalised homosexual acts in private between consenting adults. Full decriminalisation followed three years later, following legislation introduced by a member of the Dunstan government to remove from the statute book any offence associated with being homosexual.

In late 2013, this parliament passed legislation to erase recorded criminal convictions for people found guilty of offences related to homosexuality. I was not a member of this place when Murray Hill passed away in 2003. The condolence motion on that occasion rightly recorded, from both sides of the house, Murray's vital contribution to this most important social reform. Last year, when we celebrated 40 years since the decriminalisation of homosexuality in South Australia, I paid tribute to Murray in the parliament for his pioneering role in LGBTIQ reform. I pay tribute to him again today.

Whilst South Australia has a proud history of reform, we still live in a society where people are at risk of bullying due to their sexuality and where a person's sexuality is often the first thing used to describe them. Our state retains 'gay panic' as a defence to murder. Queensland is the only other state where this defence remains, but just this week the Queensland government announced that it will introduce legislation to abolish it. Other South Australia legislation also retains discriminatory aspects.

Last year, the government asked the South Australian Law Reform Institute to review legislative or regulatory discrimination against individuals and families on the grounds of sexual orientation, gender, gender identity or intersex status. I look forward to further reforms being implemented in the same cooperative way as the original homosexual law reform was able to pass this parliament. Yesterday, the state Liberals called for the treatment of HIV to be expanded to include pre-infection PrEP medication. We are pleased the government has now agreed.

Today, I have reflected on many of South Australia's achievements and the work that still needs to be done. Our LGBTIQ community was let down by previous parliaments. In apologising for that, we must ensure that it never happens again. To the LGBTIQ community, I offer my unreserved and sincere regret. I am deeply sorry for the past legislative injustices to you and to your community. I am sorry for the laws that have caused you to be excluded and isolated in a society that should have protected you from such discrimination. You contribute to the diversity that makes South Australia a better place, and I regret the pain and suffering caused by past practices, such as maintaining for so long the crime of being homosexual. I hope that today's motion goes some way towards healing your hurt.

I conclude by calling on all South Australians to do their part to help right the wrongs of the past. Promoting tolerance and respect does not stop here on North Terrace. We all have a role to play in ensuring that members of the LGBTIQ community in South Australia and beyond feel safe, valued and equal in society. Whilst the world has come a long way in calling out discrimination against this community, we still live in a society where it occurs. Homosexuality remains a crime in some countries around the world and people are being persecuted because they do not conform to what society says is normal.

Put simply, in some places elsewhere, people continue to be victimised because of who they choose to love. Let us in South Australia continue to set an example of tolerance and inclusion so that we can all experience life and love to the full. Challenge hate when you hear it. Call out your friends for discrimination and promote tolerance and inclusiveness in your workplace. Discrimination has no place in our society. I commend the motion to the house.

Motion carried.